Ordered that the order dated December 16, 1985 is modified, by deleting the provision thereof which granted that branch of the defendant's cross motion which was for partial summary judgment dismissing that portion of the complaint which sought reimbursement for freight charges, and substituting a provision therefor denying that branch of the cross motion; and, as so modified, the order dated December 16, 1985 is affirmed, without costs or disbursements; and it is further...
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